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M. A. CHOWDHARY
State of Jammu & Kashmir – Appellant
Versus
Mir Fathima – Respondent
JUDGMENT
1. The instant appeal is directed against the Award dated 09.12.2017 passed by Motor Accident Claims Tribunal Pulwama, in 76/CP titled Abdul Gani Mir & Anr. Vs. State of J&K & Ors. seeking setting aside of the same.
2. Brief facts giving rise to laying of Motor Accident Claim and the appeal are that on 12.02.2003 the deceased namely Aijaz Ahmad Mir was travelling in a Police Gypsy bearing registration No. 4026-JK02Q belonging to appellants alongwith other police officials including Dy.SP DAR Awantipora and while proceeding towards Pampore and reaching near Konibal Bus Stop Pampore, the said gypsy was hit by a land mine blast pre planned by the anti social elements to kill the police personnel which resulted into death of the deceased namely Aijaz Ahmad Mir on spot, other police personnel were injured and said Gypsy was totally damaged. In this connection an FIR was lodged at Police Station Pampore.
3. Since the said occurrence involved the use of motor vehicle so the parents of the deceased filed a claim petition before MACT Pulwama to seek compensation under Motor Vehicles Act against the appellants. The claimants ( herein respondents) claimed compensation for the death of t
The death due to a landmine blast connected to the use of the vehicle entitles the claimants to compensation under the Motor Vehicles Act, and negligence of the appellants in ensuring safety establis....
Ex-gratia and other benefits paid by the Government cannot be taken into consideration for determining the quantum of compensation under the provisions of the Motor Vehicles Act.
The main legal point established is the requirement to prove rashness and negligence in claims under Section 165 of the Motor Vehicles Act, and the applicability of res ipsa loquitur in determining n....
Stationary bus accident from landslide arises out of vehicle use due to proximate nexus; driver's unsafe parking in foreseeable risky terrain constitutes negligence, barring 'Act of God' defense; ex ....
The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.
Section 140 of Motor Vehicles Act, a victim in an accident which occurred while using motor vehicle is entitled to get compensation from the Tribunal, unless any exception applies.
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